PAGE+v.+ROTTERDAM

John N. Page, Petitioner v. Rotterdam-Mohonasen Central School District et at., Respondents Supreme Court, Special Term, Albany County June 3, 1981 Background

John N. Page, non-custodial parent of Eric Page, requested in 1979 his son’s school records at Bradt Elementary. Eric’s parents are legally separated and he is under the custody of his mother. Nevertheless, Mr. Page was denied by school officials because they asserted that since Mr. Page was a non-custodial parent, he had abandoned his interests in his child’s education. Plus, officials also pointed to the fact that Eric’s mother, Michiko, signed a petition barring Mr. Page from access. The Supreme Court, Special Term, in Albany County agreed to hear the case.

Decision

The court reflected back to The Family Educational Rights and Privacy Act of 1974 which sets the precedence and points out that educational agencies shall not receive funds if “they deny parents the right to inspect and review the education records of their children”. Regardless of custody, according to the act, records can be retrieved by either parent. Plus, the court concluded that if something were to happen to the custodial parent, the father whom would get full custody would be unaware of his son’s educational development. Therefore, the court decided in favor of Mr. Page, due to the best interests of the child.

Impact on Education

The outcome of this case, as well as The Family Educational Rights and Privacy Act of 1974, bars the refusal of a child’s records by an educational institution. As in the case of a divorce or separation, unless directed by the state otherwise, neither parent can be denied the right to review his or her child’s records. Thus, funding can be cut off to a school for failure to comply. Not only does this threaten the livelihood of teachers and administrators but it impacts the students negatively as well. Chiefly, teachers and administrators must keep organized records that can be easily reviewed by a student’s parents, if requested, as well as understand the rights of the parents as set forth by this case. By doing so, educators protect the best interest of the child and ensure critical funding to the school.

Applicable Quiz Question

True or False An educational institution, that receives funding, has the right to deny a parent access to his or her child’s education records even without a directive from the state. Created Independently by Jody Carter

Kevin Johns MGED 3030 February 18th, 2011 Dr. Goodale

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John Page who is Eric Page’s father wanted to receive his son’s academic progress. As Eric was not living with his father, but with his mother the school denied him the records stating that he had taken no interest in the student therefore he had no right to see the records. John Page decided to file against the school for his right to see his son’s records. He felt that although he was not the custodial parent he still had right to see his sons records as he is still the father. =====

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The court decided in favor of John page, stating that the school was in violation of The Family Educational Rights and Privacy Act of 1974 (US Code, tit 20, § 1232g), and that this act states that the school cannot deny a parent of reviewing their child’s records at an educational institution, and if so, the school’s funding shall be taken away. The court furthermore stated that the father in no way wanted custody of the child, but rather just wanted educational records, and this was his only pursuit.=====

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This reminds educators that if a parent wants to see a grade in their classroom, or wants some sort of academic progress shown to them at any time, it is that parent’s right to see that information. Educators, along with the school system, cannot in anyway, or for any reason deny a parent the right to see their child’s grades. We should remember this when parents come into our classroom wanting to understand why their student has the grades that they do, and not deny the parent of their right to see their child’s records. =====

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___ The Family Educational Rights and Privacy Act of 1974 states that the parent has the right to view their child’s educational record. =====

** Ashley Thornton ** John N. Page v. Rotterdam-Mohonasen Central School District Supreme Court, Special Term, Albany County Decided June 3, 1981 ** Background:  ** The plaintiff, John N. Page, is the father of Eric Page. Eric was in the fifth grade at Herman L. Bradt Elementary School at the time of the suit. Eric’s parents, who had been married, were in a state of legal separation, and Eric’s mother (together with the school system) drafted documents that would prohibit his father from being privy to knowledge concerning his education. Page filed suit against the school system after repeatedly being denied parent conferences with his son’s teachers. ** Decision:  ** The court held that in a case such as this one, custody did not matter. The non-custodial parent had just as much right to information regarding the educational progress of the child as the custodial parent did. In the unfortunate event of the death of the custodial parent, custody would almost certainly go to the other natural parent, and in such a case it would be detrimental to the student if the non-custodial parent knew nothing about the child’s education. ** Implications:  ** Per the Family Educational Rights and Privacy Act, no parent can be denied access to their child’s academic records. If a school is found to be non-compliant with this policy, they risk losing funding. Loss of funds would be damaging to said school system, as so many schools are already under-funded. Educators should strive to know all of the laws that exist regarding education, and especially those that address the rights of parents after divorce. ** Test Question:  ** T or F: A non-custodial parent has no rights to their child’s academic records since they essentially “abandoned” their child when relinquishing custody to the other parent.